2566 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 

18 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 15 U.S.C. 78s(b)(3)(A)(iii). 

3 17 CFR 240.19b–4(f)(4). 

4The Commission has modified the text of the 

summaries prepared by DTC. 

5Securities Exchange Act Release No. 50887 

(December 20, 2004), 69 FR 77802 (December 28, 

2004). 

6 15 U.S.C. 78s(b)(3)(A)(iii). 

7 17 CFR 240.19b–4(f)(4). 

Room. Copies of such filing also will be 

available for inspection and copying at 

the principal office of Amex. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–Amex–2007–03 and should 

be submitted on or before February 9, 

2007. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.18

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–690 Filed 1–18–07; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55098; File No. SR–DTC–

2006–19] 

Self-Regulatory Organizations; The 

Depository Trust Company; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Relating To 

Enhancements to Its SMART/Track for 

Corporate Action Liability Notification 

Service 

January 12, 2007. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’),1 notice is hereby given that on 

December 5, 2006, The Depository Trust 

Company (‘‘DTC’’) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’) a proposed rule change 

described in Items I, II, and III below, 

which items have been prepared 

primarily by DTC. DTC filed the 

proposed rule change pursuant to 

Section 19(b)(3)(A)(iii) of the Act 2 and 

Rule 19b–4(f)(4) thereunder 3 so that the 

proposal was effective upon filing with 

the Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested parties. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The proposed rule change would 

enhance DTC’s SMART/Track for 

Corporate Action Liability Notification 

Service. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, 

DTC included statements concerning 

the purpose of and basis for the 

proposed rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. DTC has prepared 

summaries, set forth in sections (A), (B), 

and (C) below, of the most significant 

aspects of these statements.4

(A) Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In 2004, DTC submitted rule filing 

SR–DTC–2004–11 that established the 

SMART/Track for Corporate Action 

Liability Notification Service for the 

transmission of liability notices between 

counterparties.5 The purpose of this 

filing is to propose an enhancement to 

the Corporate Action Liability 

Notification Service by creating a link 

between SMART/Track and the 

National Securities Clearing 

Corporation’s (‘‘NSCC’’) Continuous Net 

Settlement (‘‘CNS’’) system. The link 

will enable participants to utilize the 

SMART/Track interface to notify CNS of 

their intention to participate in a 

voluntary corporate event for a security 

that is being processed in CNS. 

Participants currently notify CNS that 

they plan to participate in a voluntary 

corporate action event for a security 

being processed in CNS using the 

‘‘CNSR’’ function of DTC’s Participant 

Terminal System (‘‘PTS’’). The proposed 

enhancement will enable DTC 

participants to create and transmit a 

CNS liability notice, as well as search or 

view liability notices, directly from the 

SMART/Track home page on the web. 

The link will provide participants with 

a central point of access for creating, 

transmitting, and tracking all of their 

voluntary corporate action liability 

notices through SMART/Track. 

Once all CNS participants have 

registered for the SMART/Track for 

Corporate Action Liability Notification 

Service, DTC will disable the CNSR 

function on PTS, and SMART/Track 

will be the only way for participants to 

notify CNS that they plan to participate 

in a voluntary corporate action event for 

a security being processed in CNS. 

The proposed rule change is 

consistent with Section 17A of the Act 

and the rules and regulations 

thereunder applicable to DTC because it 

will promote important disclosures 

relating to corporate action liability 

notices between participant 

counterparties. The proposed rule 

change will be implemented 

consistently with the safeguarding of 

securities and funds in the custody or 

control of DTC because DTC will be 

acting as a notification service. 

(B) Self-Regulatory Organization’s 

Statement on Burden on Competition 

DTC does not believe that the 

proposed rule change will have any 

impact or impose any burden on 

competition. 

(C) Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments relating to the 

proposed rule change have not yet been 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective upon filing pursuant to Section 

19(b)(3)(A)(iii) of the Act 6 and Rule 

19b–4(f)(4) 7 thereunder because the 

proposed rule effects a change in an 

existing service of DTC that (i) does not 

adversely affect the safeguarding of 

securities or funds in the custody or 

control of DTC or for which it is 

responsible and (ii) does not 

significantly affect the respective rights 

or obligations of DTC or persons using 

the service. At any time within sixty 

days of the filing of the proposed rule 

change, the Commission may summarily 

abrogate such rule change if it appears 

to the Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2567 

8 17 CFR 200.30–3(a)(12). 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78s(b)(3)(A)(ii). 

4 17 CFR 240.19b–4(f)(2). 

5Premium Products is defined in the ISE’s 

Schedule of Fees as the products enumerated 

therein. 

6The Market Vectors—Gold Miners ETF (‘‘GDX’’) 

is distributed by Van Eck Securities Corporation 

and tracks the Amex Gold Miners Index, which is 

published by the American Stock Exchange 

(‘‘Amex’’). The Amex Gold Miners Index is a 

trademark of the Amex and is licensed for use by 

Van Eck Associates Corporation (‘‘Van Eck’’) in 

connection with GDX. The Amex does not sponsor, 

endorse, or promote GDX and makes no 

representation regarding the advisability of 

investing in GDX. Van Eck has not licensed or 

authorized ISE to (i) engage in the creation, listing, 

provision of a market for trading, marketing, and 

promotion of options on GDX or (ii) to use and refer 

to any of their trademarks or service marks in 

connection with the listing, provision of a market 

for trading, marketing, and promotion of options on 

GDX or with making disclosures concerning options 

on GDX under any applicable federal or state laws, 

rules or regulations. Van Eck does not sponsor, 

endorse, or promote such activity by ISE, and is not 

affiliated in any manner with ISE. 

7The Merrill Lynch Telecom HOLDRSSM Trust 

(‘‘TTH’’) issues Depositary Receipts called Telecom 

HOLDRSSM representing undivided beneficial 

ownership in the U.S.-traded common stock of a 

group of specified companies that, among other 

things, are involved in various segments of the 

telecom industry. ‘‘HOLDRS’’ and ‘‘HOLding 

Company Depositary ReceiptS’’ are service marks of 

Merrill Lynch & Co., Inc. (‘‘Merrill Lynch’’). All 

other trademarks and service marks are the property 

of their respective owners. Merrill Lynch has not 

licensed or authorized ISE to (i) engage in the 

creation, listing, provision of a market for trading, 

marketing, and promotion of options on TTH or (ii) 

to use and refer to any of their trademarks or service 

marks in connection with the listing, provision of 

a market for trading, marketing, and promotion of 

options on TTH or with making disclosures 

concerning options on TTH under any applicable 

federal or state laws, rules or regulations. Merrill 

Lynch does not sponsor, endorse, or promote such 

activity by ISE, and is not affiliated in any manner 

with ISE. 

8 GDX and TTH constitute ‘‘Fund Shares,’’ as 

defined by ISE Rule 502(h). 

9These fees will be charged only to Exchange 

members. Under a pilot program that is set to expire 

on July 31, 2007, these fees will also be charged to 

Linkage Orders (as defined in ISE Rule 1900). See 

Securities Exchange Act Release No. 54204 (July 25, 

2006), 71 FR 43548 (August 1, 2006)(SR–ISE–2006–

38). 

10Public Customer Order is defined in Exchange 

Rule 100(a)(39) as an order for the account of a 

Public Customer. Public Customer is defined in 

Exchange Rule 100(a)(38) as a person that is not a 

broker or dealer in securities. 

11The Commission notes that the proposed 

execution and comparison fees for Public Customer 

Orders and Firm Proprietary Orders in the two new 

Premium Products will be the same respective 

amounts that are charged for other Premium 

Products. 

12The execution fee is currently between $.21 

and $.12 per contract side, depending on the 

Exchange Average Daily Volume, and the 

comparison fee is currently $.03 per contract side. 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml) or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–DTC–2006–19 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Nancy M. Morris, Secretary, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–DTC–2006–19. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). The text of the 

proposed rule change is available at 

DTC, the Commission’s Public 

Reference Room, and http:// 

www.dtc.org. All comments received 

will be posted without change; the 

Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. All submissions 

should refer to File Number SR–DTC–

2006–19 and should be submitted on or 

before February 9, 2007. 

For the Commission by the Division of 

Market Regulation, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–692 Filed 1–18–07; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–55089; File No. SR–ISE–

2006–80] 

Self-Regulatory Organizations; 

International Securities Exchange, 

LLC; Notice of Filing and Immediate 

Effectiveness of Proposed Rule 

Change Relating to Fee Changes 

January 11, 2007. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on December 

26, 2006, the International Securities 

Exchange, LLC (‘‘ISE’’ or ‘‘Exchange’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been substantially prepared by the 

ISE. The ISE has designated this 

proposal as one establishing or changing 

a due, fee, or other charge applicable 

only to a member under Section 

19(b)(3)(A)(ii) of the Act,3 and Rule 

19b–4(f)(2) thereunder,4 which renders 

the proposal effective upon filing with 

the Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The ISE is proposing to amend its 

Schedule of Fees to establish fees for 

transactions in options on two Premium 

Products.5 The text of the proposed rule 

change is available at the Exchange, the 

Commission’s Public Reference Room, 

and at http://www.iseoptions.com. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

ISE included statements concerning the 

purpose of, and basis for, the proposed 

rule change and discussed any 

comments it received on the proposed 

rule change. The text of these statements 

may be examined at the places specified 

in Item IV below. The ISE has prepared 

summaries, set forth in Sections A, B, 

and C below, of the most significant 

aspects of such statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The Exchange is proposing to amend 

its Schedule of Fees to establish fees for 

transactions in options on the following 

two Premium Products: Market 

Vectors—Gold Miners ETF 6 (‘‘GDX’’) 

and Merrill Lynch Telecom HOLDRs 

Trust 7 (‘‘TTH’’).8 Specifically, the 

Exchange is proposing to adopt an 

execution fee and a comparison fee for 

all transactions in options on GDX and 

TTH.9 The amount of the execution fee 

and comparison fee for products 

covered by this filing shall be $0.15 and 

$0.03 per contract, respectively, for all 

Public Customer Orders 10 and Firm 

Proprietary orders.11 The amount of the 

execution fee and comparison fee for all 

ISE Market Maker transactions shall be 

equal to the execution fee and 

comparison fee currently charged by the 

Exchange for ISE Market Maker 

transactions in equity options.12 Finally, 

the amount of the execution fee and 

comparison fee for all non-ISE Market 

Maker transactions shall be $0.16 and 


sroberts on PROD1PC70 with NOTICES